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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Magistrates - From: 1200 To: 1799

This page lists 11 cases, and was prepared on 02 April 2018.

 
Case XLIX 5 and 6 E6 [1220] EngR 550; 6 E 6 1 Cr 275 3 Mar Dyer, 135 Jurisdiction, Star chamber, Parliament 11 Co 64 b Palm 542 1 Co 25 a Plow 207 10 Co 77; (1220-1623) Jenk 212; (1220) 145 ER 144 (C)
1220


Magistrates, Constitutional
An Act of Parliament not printed, ordains, that the quarter-sessions to be held for the county of Anglesey, shall he held at Beaumarrice in that county, and not elsewhere ; indictments of felony were found at Newburgh in the said county against several persons at a quarter-sessions held there after the said act; the justices of peace proceeded to take the said indictment although the said act was shewed to them, exemplified under the great seal, before the indictments were found : resolved for law, by all the judges, that these indictnents were void; by reason of the said negative words : and this offence being complained of in the Star-chamber, every one of those justices of peace was fined 5l. Note the moderation of that age in settirig fines in that court. The 25 H. 8, cap. 21, has negative words, that dispensations for benefices shall be granted by the Archibishop of Canterbury, and not otherwise : yet the King’s power is not excluded ; for, by those negative words, it is only intended to exclude all papal dispensations.
Affirmative words in a statute do not take away the common law. The justices of peace may hold their quarter-sessions where they think fit in the county, if they are not restrained as above.
[ Commonlii ]
 
45 Ass Pl 3 [1220] EngR 548; (1220-1623) Jenk 40; (1220) 145 ER 29 (D)
3 Jan 1220


Magistrates
An assize is brought before A and B justices, between C and D. A. dies, C, is associated to B. to take this assise, the assise can’t proceed ; for C. can’t be a judge and party in his own cause, and he can't be summoned and severed ; for this must be awarded by him and the other justice, and he can't sever himself ; and B can't proceed alone, for two are appointed to take this assise.
[ Commonlii ]
 
Rex v Sandford (1647) 1 Hale PC 587; (1647) 2 Hale PC 122
1647


Torts - Other, Magistrates
A magistrate may arrest somebody committing an affray in his presence. He may be held pending a warrant which must be in writing and sent to the gaoler.

 
Rex v Plowright (1686) 3 Mod Rep 94
1686


Administrative, Magistrates
The collectors of chimney tax distrained on the landlord of a cottage. The applicable Act provided that any question about such distress should be 'heard and finally determined by one or more justices . . " The decision of the justices was in error on its face, and did not state sufficient grounds to make the landlord liable. Held: The court issued an order of certiorari to quash the determination: "The statute doth not mention any certiorari, which shows that the intention of the law-makers was, that a certiorari might be brought, otherwise they would have enacted, as they have done by several other statutes, that no certiorari shall lie. Therefore the meaning of the Act must be, that the determination of the justices of the peace shall be final in matters of fact only . . ."
1 Citers


 
Alexander Mill of Hatton, William Ross, and David Butter, Baillies of The Town of Montrose, for Themselves and Other Magistrates of The Said Town v Colonel Robert Reid and Others, Members of The Town Council of The Said Burgh [1723] UKHL Robertson_452; (1723) Robertson 452
23 Jan 1723
HL

Scotland, Elections, Constitutional, Magistrates
Member of parliament - In an action to reduce the election of certain magistrates of a royal burgh, on account of the imprisonment of certain of the electors by the provost, who was a member of parliament: the provost's privilege of parliament could not be pleaded to stop the declarator against the other defenders, as not elected by a sufficient quorum:
And the provost's privilege of parliament could not stop the pursuers from insisting upon the reason of reduction, that some of the electors were unwarrantably imprisoned by the provost.
Burgh Royal -It was relevant to annul the election of magistrates, that the provost had unwarrantably imprisoned some of the electors, during the time of the election, with an intention to prevent their giving their votes at that election.
[ Bailii ]
 
George Smollett, Provost, Et Alii, Magistrates of Dumbarton v William Buntein, Et Alii, Burgesses of Dumbarton [1730] UKHL 1_Paton_26; (1730) 1 Paton 26
19 Feb 1730
HL

Magistrates
Burgh royal. - desuetude. - election - The acts 1503, C. 80, 1535, c. 26, and 1609, c. 8, which disable persons not being actual traders and residenters within the burgh from being elected Magistrates, found to be in desuetude.
A councillor having been imprisoned on the eve of the election in virtue of a warrant obtained upon information of the adverse party-found not sufficient to avoid the election, there being such a number in favour of it as would have formed a majority notwithstanding he had been present.
[ Bailii ]
 
Marquis of Lothian, Et Alii v Haswell, Et Alii [1738] UKHL 1_Paton_207; (1738) 1 Paton 207
14 Apr 1738
HL

Scotland, Magistrates
Burgh Royal - The meeting for election of magistrates of a burgh being held previous to the usual day, and without due notice, the election was reduced.
[ Bailii ]
 
Parish of East Greenwich v St Giles's [1760] EngR 153; (1760) Sess Cas 19; (1760) 93 ER 18 (F)
1760


Magistrates
JS was removed by order of two justices from St. Giles's to Greenwich; about six month after two justices make a new order, and remove J. S. from Greenwich to St Martin's.
The Court held the second order ill; for though it is possible that JS might have gained a new settIement since his removal to Greenwich, yet the first order being a judgment upon them, if he has gained a new settlement, they ought to have mentioned it in the new order.
[ Commonlii ]
 
Sir Hector Munro, Provost, and Other Members of The Town Council of Nairn v Forbes and Others, Burgesses of Nairn [1785] UKHL 3_Paton_23
3 Jun 1785
HL

Magistrates
Burgh - Election of Magistrates. - Held, that in the election of the Magistrates of a burgh, the Provost and other Councillors need not be resident burgesses, or inhabitants of the burgh, but that the bailies and office bearers, in the burgh of Nairn, must be chosen from amongst the burgesses resident. Also held, that the town clerk of the burgh is incapable of holding said office, and at same time of holding the office of one of the magistrates of the said burgh.
[ Bailii ]
 
The Case of Cardiffe Bridge [1795] EngR 3342; (1795) 1 Salk 146; (1795) 91 ER 135 (B)
1795


Administrative, Magistrates
Certiorari lies to justices of the peace in Wales, and Counties Palatine.
[ Commonlii ]
 
Rex v Willace (1797) 1 East PC 186
1797


Criminal Practice, Magistrates
The commencement of a prosecution was held to be "the information and proceeding before the magistrate".
1 Citers


 
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